DA 95-793 Federal Communications Commission Record 10 FCC Red No. 9 unfounded and irrelevant. Erickson states that he is pre Before the pared to assume the risks of operating an additional station Federal Communications Commission in Billings. Erickson further states that PBMI has failed to Washington, D.C- 20554 establish any valid grounds for denial of the proposed allotment. The proposal complies with the Commission©s technical rules and he has reaffirmed his interest in the allotment. Erickson requests that the Commission MM Docket No. 94-68 promptly allot Channel 286A to Billings, Montana. 4. We believe the public interest would be served by the In the Matter of allotment of Channel 286A at Billings, Montana, since it will provide additional service to the community. An en Amendment of Section 73.202(b), RM-8486 gineering analysis has determined that Channel 286A can Table of Allotments, be allotted to Billings in compliance with the Commis sion©s spacing requirements without a site restriction.3 FM Broadcast Stations. PBMI©s concerns that the additional allotment of Channel (Billings, Montana) 286A at Billings will increase competition raises issues which the Commission has already determined are not relevant in either a licensing or allotment context. See FM REPORT AND ORDER Channel Assignments; Policies Regarding Detrimental Effects (Proceeding Terminated) of Proposed New Broadcast Stations on Existing Stations, 3 FCC Red 638 (1988), recon. denied, 4 FCC Red 2276 Adopted: April 12,1995; Released: April 19, 1995 (1989). Consequently, there is no basis under the current state of Commission precedent for consideration of these By the Chief, Allocations Branch: issues. In any event, the existence of two valid expressions of interest for a new allotment at Billings, including one by 1. The Commission has before it for consideration the the party who is questioning the viability of the new allot Notice of Proposed Rule Making, 9 FCC Red 3150 (1994), ment, would appear to indicate that there is a sufficient proposing the allotment of Channel 286A to Billings, Mon basis for making the allotment. tana, as that community©s seventh FM broadcast service. 1 5. Accordingly, pursuant to the authority contained in The Notice was issued in response to a petition filed by Sections 4(i), 5(c)(l), 303(g) and (r) and 307(b) of the Bruce L. Erickson ("Erickson"). Erickson filed comments Communications Act of 1934, as amended, and Sections in support of the proposal reaffirming his intention to 0.61, 0.204(b) and 0.283 of the Commission©s Rules, IT IS apply for the channel, if allotted. PBMI Limited Partner ORDERED, That effective June 5, 1995, the FM Table of ship ("PBMI") filed comments and an Erratum.2 Erickson Allotments, Section 73.202(b) of the Commission©s Rules, filed reply comments. IS AMENDED for the community listed below, to read as 2. PBMI, licensee of Station KGHL(AM) and KIDX(FM), follows: Billings, Montana, opposes the allotment of Channel 286A at Billings. PBMI argues that Billings is located in a market Community Channel No. with sufficient existing facilities and that the Commission Billings, Montana 277C1, 231C, 246C2, 253C1, should not allot another FM channel to the community. 275C1, 279C1, 286A PBMI points out that in addition to the channels licensed to the community, Billings is also served by Station KBWJ(FM), Hardin, Montana, and KTWM(FM), Laurel, 6. The window period for filing applications for Channel Montana. There are three television stations in Billings and 286A at Billings will open on June 5, 1995, and close on also a CATV system. According to PBMI, Billings with a July 6,1995. population of 80,800 simply cannot sustain another FM 7. IT IS FURTHER ORDERED, That this proceeding IS station. However, in the event the Commission decides to TERMINATED. allot an additional FM channel to Billings, PBMI will 8. For further information concerning this proceeding, apply for the channel when it is allotted and, if its applica contact Kathleen Scheuerle, Mass Media Bureau, (202) tion is granted, will construct and operate the station. 418-2180. 3. Erickson, in his reply comments, argues that an addi tional channel in Billings will compete with PBMI©s stations in the Billings© market. Hence PBMI©s opposition to the requested allotment. Erickson contends that the ability of Channel 286A to compete in the market and the economic impact of the new station on the public is both 1 Stations KYYA (Channel 227C1), KRKX (Channel 231C), tional channel in Billings. PBMI has been informed that peti KKBR Channel 246C2), KIDX (Channel 253C1), KCTR (Chan tioner is not the same Bruce Erickson that is President of nel 275C1) and KOHZ (Channel 279C1) are licensed to Billings. American Bank and licensee of Station KBMJ(FM). Station KEMC, Channel *219C1, is also licensed to Billings. 3 The coordinates for Channel 286A at Billings are 45-46-58 2 PBMI filed an Erratum to its comments. Therein, PBMI and 108-30-13. withdrew its comments questioning the ability of Bruce Erickson, President of American Bank and current licensee of Station KBMJ(FM), Hardin, Montana, to petition for an addi 4386 10 FCC Red NO. 9 Federal Communications Commission Record DA 95-793 FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief, Allocations Branch Policy and Rules Division Mass Media Bureau 4387.